Glossary & FAQ

Frequently Asked Questions

Personal Injury

Almost all personal injury cases are defended by an insurance company. Insurance companies make their profits by not paying out claims. The less money they pay you for your injuries, the more profits they make. This means that while the insurance company’s adjustor may act sympathetic and even pretend to be on your side, they are concerned with their own interests and not with fairly compensating you for your injuries and property damage.

Insurance company adjustors have many tactics they use against injured parties who are not aware of the system. Hiring an attorney to negotiate on your behalf will ensure that you receive all of the funds you are entitled to so that you are not left with uncovered expenses by someone else’s negligence. It is best to contact an experienced attorney immediately after an accident to protect your rights.

Your first concern should be to get medical attention. After that, if possible, make sure that the police are aware of the accident and that a police report is created. Get as much information as you can about the other individuals involved, whether it is the driver of the other car or the owner of property you are injured on. If possible, photographs of the scene of the accident, your injuries, and any damage done to your car or other property are extremely valuable. It also a good idea to contact an experienced attorney to make sure that you receive the compensation you need to cover your expenses, as well as any pain and suffering you have experienced.

This is a common question, but one that can be difficult to answer. Each case is unique, and there are multiple factors that affect the range of acceptable settlement amounts. How serious your injuries are, whether you have suffered any permanent disability, the amount of your medical bills, if you lost any wages being away from work, and the amount of insurance the defendant was carrying are just some of the factors to be considered. You cannot estimate the value of your case based on stories of other settlements, but rather the best way to do so is to engage an experienced attorney who can examine all the aspects of your case and advocate for you to receive the largest settlement possible.

As an injured party, you have no obligation to give a statement to the other party’s insurance company. In reality, the insurance company is asking you to give a statement in order to try and discover something that will give them an excuse to deny the claim. Insurance companies have perfected this technique and will not hesitate to use it to deny you payment, if they can. If you are being pushed to give a statement, contact an attorney to make sure you do not do anything to jeopardize your case.

If the other party’s insurance company is insisting upon you signing a medical release, do not do so. This release will most likely be used to gather your past medical records in an attempt to discover a way to avoid paying you money that you are rightly due. You are not required to sign a release for the insurance company, and should not do so. Instead, allow your attorney to control what is given to the insurance company to demonstrate your damages and expenses.

The vast majority of personal injury cases never make it to trial. Insurance companies do not want to be exposed to the costs and uncertainty of a trial, especially if their insured was clearly at fault. However, when an injured person is not represented by an attorney, the other party’s insurance company will often attempt to drag out resolution of the case for as long as possible. The insurance company thinks that, if they can make you desperate you will end up accepting less money than you are otherwise entitled to. An experienced attorney can ensure that the process moves along and that a settlement is reached in a timely manner.

North Carolina is one of only a few states that still follows the doctrine of “contributory negligence.” Contributory negligence means that if you are even 1% negligent in your conduct, you will not be able to recover anything for your damages. This is a very harsh doctrine, and it often prevents seriously injured individuals from receiving anything for their expenses and suffering. If you are concerned that your own negligence may jeopardize a recovery for your injuries, it is imperative that you speak with an experienced attorney to decide how to proceed. Insurance companies in North Carolina are well aware of contributory negligence and will not hesitate to use it against you, if they can.

Medical Malpractice

Medical malpractice occurs when a patient receives improper, unskilled, or negligent treatment from a physician, nurse, pharmacist, or other health care professional. All health care providers have a duty to follow the same standard of care that a reasonably competent provider would follow when treating a patient. This does not mean that the doctor or nurse must do everything perfectly, only that he or she must do what any reasonably competent health care provider would do. This means that if you were injured because of a misdiagnosis, prescription error, surgical error, nursing home negligence or abuse, birth injury, or hospital negligence, you may have a medical malpractice case.

If you have suffered an injury as a result of a medical procedure or in the care of a medical provider, you should immediately contact an attorney experienced in handling medical malpractice cases. In general, the statute of limitations for filing a medical malpractice action in North Carolina is 3 years from the date of the injury or death. This means that the clock starts running as soon as the injury occurs, unless you are not aware of the injury until some later date. Either way, if you do not file a lawsuit within this time period, you risk being able to recover any damages for your injuries. To avoid this, document as much of what happened as possible (perhaps sitting down and writing out exactly how you recall the events occurring while they are still fresh in your mind) and consult an experienced attorney as soon as possible.

No medical procedure can be guaranteed to be successful; there is always a risk involved. Even if you have received the best possible care from a talented provider, a bad outcome is possible. However, if the medical services provider failed to follow the standard of reasonable care and you were injured as a result, you may have a claim for your injuries. Determining whether the standard of reasonable care was followed is a process that requires the testimony of expert medical witnesses. An attorney who is experienced in handling medical malpractice claims can help you determine whether you are a victim of medical malpractice and engage the proper experts to support your case.

Yes. You can file a medical malpractice lawsuit against anyone who provides health care. This includes doctors, nurses, pharmacists, nursing home employees, technicians, and chiropractors, among others.

Medical malpractice cases can become very drawn out and expensive. Reviewing medical records, hiring and consulting experts, and filing a lawsuit can be a very involved and time-consuming process. However, almost all medical malpractice attorneys will take on a case on a “contingency” basis. This means that the client will not be responsible for the attorney’s time and expenses spent on the case, with the understanding that the attorney will receive a percentage of any settlement or judgment award paid to the client. This type of arrangement allows an injured individual to pursue a claim without incurring any costs, which is especially important if he or she is facing significant medical bills. If the case is ultimately unsuccessful, the client will not be responsible for the attorney’s time and expenses. A lack of financial means should not prevent you from pursuing a claim for your injuries.

Generally, a percentage of an injured party’s compensation that is paid to his attorney. This is the typical method of payment in personal injury cases. An injured party is usually not otherwise required to pay a fee unless a settlement or judgment is awarded.